Slave states and free states

"Slave state" redirects here. It may also refer to the kingdoms of the Slave Coast in Africa.

An animation showing the free/slave status of U.S. states and territories, 1789-1861 (see also: separate yearly maps below). The American Civil War began in 1861. The 13th Amendment, effective December 1865, abolished slavery in the U.S.

In the 1770s, blacks throughout New England began sending petitions to northern legislatures demanding freedom. Five of the Northern self-declared states adopted policies to at least gradually abolish slavery: Pennsylvania (1780), New Hampshire and Massachusetts (1783), Connecticut and Rhode Island (1784). Vermont had abolished slavery in 1777, while it was still independent, and when it joined the United States as the 14th state in 1791, it was the first state to join untainted by slavery. These state jurisdictions thus enacted the first abolition laws in the Americas.[3] By 1804 (including, New York (1799), New Jersey (1804)), all of the northern states had abolished slavery or set measures in place to gradually abolish it.[2][4]

In the south, Kentucky was created a slave state from Virginia (1792), and Tennessee was created a slave state from North Carolina (1796). By 1804, before the creation of new states from the federal western territories, the number of slave and free states was eight each. In popular usage, the geographic divide between the slave and free states was called the Mason-Dixon line (between Maryland and Pennsylvania or Delaware).

The Missouri Compromise of 1820, traded the admission of Missouri (slave) for Maine (free), it also drew a line extending west from Missouri's southern border, which was intended to divide any new territory into slave (south of the line) and free (north of the line)

With the statehood of Arkansas (1836), the number of slave states grew to 13, but the statehood of Michigan (1837) maintained the numbers of slave and free states equal.

The 15 slave states had Texas (1845) and Florida (1845), outnumbering the 14 free states, which gained Iowa (1846).

The 17 free states included Wisconsin (1848), California (1850) and Minnesota (1858), to outnumber the 15 slave states.

During the War of 1812, the British accepted as free all slaves who came into their hands, with no conditions as to military service such as had been made in Dunmore's Proclamation in the Revolutionary War. By the end of the War of 1812, the momentum for antislavery reform, state by state, appeared to run out of steam, with half of the states having already abolished slavery (Northeast), prohibited from the start (Midwest) or committed to eliminating slavery, and half committed to continuing the institution indefinitely (South).

The potential for political conflict over slavery at a federal level made politicians concerned about the balance of power in the United States Senate, where each State was represented by two Senators. With an equal number of slave states and free states, the Senate was equally divided on issues important to the South. As the population of the free states began to outstrip the population of the slave states, leading to control of the House of Representatives by free states, the Senate became the preoccupation of slave-state politicians interested in maintaining a Congressional veto over federal policy in regard to slavery and other issues important to the South. As a result of this preoccupation, slave states and free states were often admitted into the Union in opposite pairs to maintain the existing Senate balance between slave and free states.

Controversy over whether Missouri should be admitted as a slave state resulted in the Missouri Compromise of 1820, which specified that Louisiana Purchase territory north of latitude 36° 30', which described most of Missouri's southern boundary, would be organized as free states and territory south of that line would be reserved for organization as slave states. As part of the compromise, the admission of Maine (1820) as a free state was secured to balance Missouri's admission as a slave state (1820).

The admission of Texas (1845) and the acquisition of the vast new Mexican Cession territories (1848), after the Mexican–American War, created further North-South conflict. Although the settled portion of Texas was an area rich in cotton plantations and dependent on slave labor, the territory acquired in the Mountain West did not seem hospitable to cotton or slavery.

As part of the Compromise of 1850, California was admitted as a free state (1850), without a slave state pair. To avoid creating a free state majority in the Senate, California agreed to send one pro-slavery and one anti-slavery senator to Congress.[citation needed]

The difficulty of identifying territory that could be organized into additional slave states stalled the process of opening the western territories to settlement, while slave state politicians sought a solution, with efforts being made to acquire Cuba (see: Ostend Manifesto, 1852) and to annex Nicaragua (see: Walker affair, 1856–57), both to be slave states.

In 1854, the Missouri Compromise of 1820 was superseded by the Kansas–Nebraska Act, which allowed white male settlers in the new territories to determine through popular sovereignty whether they would allow slavery within each territory. The result was that pro- and anti-slavery elements flooded into Kansas with the goal of voting slavery up or down, leading to bloody fighting.[5] An effort was initiated to organize Kansas for admission as a slave state, paired with Minnesota, but the admission of Kansas as a slave state was blocked because of questions over the legitimacy of its slave state constitution. Anti-slavery settlers in "Bleeding Kansas" in the 1850s were called Free-Staters and Free-Soilers, because they fought (successfully) to include Kansas in the Union as a free state in 1861.

When the admission of Minnesota proceeded unimpeded in 1858, the balance in the Senate was lost; a loss that was compounded by the subsequent admission of Oregon as a free state in 1859.

Before 1812, the concern about balancing slave-states and free states was not profound. This is how the states lined up in 1812. The year column is the year the state ratified the US Constitution or was admitted to the Union:

With the addition to Oregon (1859) and Kansas (1861), the number of free states grew to 19 while the number of slave states remained at 15.

After 1812, and until 1850, maintaining the balance of free and slave state votes in the Senate was considered of paramount importance if the Union were to be preserved, and states were typically admitted in pairs:

During the Civil War, a Unionist government in Wheeling, Virginia, presented a statehood bill to Congress in order to create a new state from 48 counties in western Virginia. The new state would eventually incorporate 50 counties. The issue of slavery in the new state delayed approval of the bill. In the Senate Charles Sumner objected to the admission of a new slave state, while Benjamin Wade defended statehood as long as a gradual emancipation clause would be included in the new state constitution.[6] Two senators represented the Unionist Virginia government, John S. Carlile and Waitman T. Willey. Senator Carlile objected that Congress had no right to impose emancipation on West Virginia, while Willey proposed a compromise amendment to the state constitution for gradual abolition. Sumner attempted to add his own amendment to the bill, which was defeated, and the statehood bill passed both houses of Congress with the addition of what became known as the Willey Amendment. President Lincoln signed the bill on December 31, 1862. Voters in western Virginia approved the Willey Amendment on March 26, 1863.[7]

President Lincoln had issued the Emancipation Proclamation on January 1, 1863, which exempted from emancipation the border states (four slave states loyal to the Union) as well as some territories occupied by Union forces within Confederate states. Two additional counties were added to West Virginia in late 1863, Berkeley and Jefferson. The slaves in Berkeley were also under exemption but not those in Jefferson County. As of the census of 1860, the 49 exempted counties held some 6000 slaves over 21 years of age who would not have been emancipated, about 40% of the total slave population.[8] The terms of the Willey Amendment only freed children, at birth or as they came of age, and prohibited the importation of slaves.[9]

West Virginia became the 35th state on June 20, 1863, and the last slave state admitted to the Union.[10][11][12] Eighteen months later, the West Virginia legislature completely abolished slavery,[13] and also ratified the 13th Amendment on February 3, 1865.

Division of states during the Civil War. Blue represents Union states, including those admitted during the war; light blue represents border states; red represents Confederate states. Unshaded areas were not states before or during the Civil War.

At the start of the Civil War, there were 34 states in the United States, 15 of which were slave states. Eleven of these slave states issued various emergency declarations of secession from the United States to form the Confederacy and were represented in the Confederate Congress.[14][15] The slave states that stayed in the Union, Maryland, Missouri, Delaware, and Kentucky (called, border states) were seated in the U.S. Congress. By the time the Emancipation Proclamation was issued in 1863, Tennessee was already in Union control. Accordingly, the Proclamation applied only to the 10 remaining Confederate states. Abolition of slavery became a condition of the return of local rule and restoration in those states that had declared their secession.

The border states of Maryland (November 1864)[16] and Missouri (January 1865),[17]
one of the Confederate states, Tennessee (January 1865),[18] and the new state of West Virginia (February 1865),[19] abolished slavery just prior to the end of the Civil War (May 1865). In the District of Columbia, slavery was abolished in 1862.[20] However, slavery persisted in Delaware,[21] Kentucky,[22] and 10 of the 11 of the former Confederate states, until the Thirteenth Amendment to the United States Constitution abolished slavery throughout the United States on December 6, 1865, ending the distinction between slave and free states.[23]

^Wilson, Black Codes (1965), p. 15. "By 1775, inspired by those 'self-evident' truths which were to be expressed by the Declaration of Independence, a considerable number of colonists felt that the time had come to end slavery and give the free Negroes some fruits of liberty. This sentiment, added to economic considerations, led to the immediate or gradual abolition of slavery in six northern states, while there was a swelling flood of private manumissions in the South. Little actual gain was made by the free Negro even in this period, and by the turn of the century the downward trend had begun again. Thereafter the only important change in that trend before the Civil War was that after 1831 the decline in the status of the free Negro became more precipitate."

^American Memory "Abolition in the District of Columbia", Today in History, Library of Congress, viewed December 15, 2014. On April 16, 1862, Lincoln signed a Congressional act abolishing slavery in the District of Columbia with compensation for slave owners, five months before the victory at Antietam led to the Emancipation Proclamation.